A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, at around 18:22 on April 7, 2019, received a report on the suspicion of drunk driving at the Asan-si apartment parking lot, and did not comply with the alcohol alcohol measurement by a police officer without justifiable grounds, even though the Defendant was required to comply with the alcohol measurement twice for about five minutes under the influence of alcohol, on the grounds that there exist reasonable grounds to recognize that the Defendant driven the E-to-beb while under the influence of alcohol, such as smelling alcohol, snowing, etc., by the superintendent D belonging to the police box of the Busan-si Police Station C police box at the Asan-si apartment parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report, and user register of a drinking-free measuring instrument;

1. Application of statutes on site photographs;

1. Article 148-2 (1) 2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment, etc.

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, is a very dangerous crime that may cause unexpected behaviors to the life and family of others by raising the possibility of traffic accidents, and thus, in order to prevent this, the defendant is bound to bear strict responsibility for the act related thereto. The defendant committed the crime of this case without being aware of the fact that he had been punished three times a total of fine due to drinking driving, etc. after the lapse of 2011 and around 2014. Meanwhile, the defendant led to the crime of this case without being aware of the fact that he/she was sentenced to a total of three times a fine due to drinking driving, etc. Meanwhile, in this court, he/she led to the confession and reflect of the crime of this case, and has no record